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2023 Supreme(P&H) 2986

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NAMIT KUMAR, J.
Bhupinder Singh – Petitioner
Versus
Gururaj Singh – Respondent
CR-5323 of 2023 (O&M)
Decided On : 14-09-2023

Advocates Appeared:
Mr. Umesh Aggarwal, Advocate; For the Petitioner

Headnote:(A) East Punjab Urban Rent Restriction Act, 1949 - Section 13 - Ejectment petition - A tenant’s application for dismissal of an ejectment petition filed by the landlord was dismissed by the Rent Controller due to lack of consent from other co-sharers, and the dimensions of the property not being specified. The Rent Controller’s order was upheld as being well-reasoned without elements of arbitrariness. (Paras 1-6)

(B) Revisional jurisdiction - The court noted that revisional powers are limited, and an order cannot be interfered with unless it is afflicted with illegality or infirmity. (Para 6)

Facts of the case:
The landlord filed a petition seeking the tenancy ejectment of the tenant from a property while contending that necessary consent from co-sharers was absent, and dimensions of the property were not adequately specified.

Findings of Court:
The court found the impugned order to be well-reasoned and sustainable under law, and noted that no objection from absent co-sharers was raised against the petition.

Issues: The main issues involved the absence of consent from co-sharers and whether the properties' dimensions were adequately specified in the ejectment petition.

Ratio Decidendi: The court ruled that as the order did not show arbitrariness or legal flaws, and the tenant was attempting to delay proceedings, the Rent Controller's decision should stand.

Result: Revision petition dismissed.

Table of Content
1. overview of the case and jurisdiction (Para 1 , 2)
2. petitioner's arguments against the rent controller's order (Para 3)
3. court's analysis leading to decision (Para 4 , 5 , 6)
4. dismissal of revision petition (Para 7)

JUDGMENT

Namit Kumar, J.

Instant revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 09.08.2023 (Annexure P-6) passed by Rent Controller, Amritsar, in Rent Petition No.508 of 2016 titled ' Gururaj Singh v. Bhupinder Singh ' whereby application filed by the petitioner-tenant for dismissal of ejectment petition filed by the respondent-landlord, has been dismissed.

2. Brief facts relevant for disposal of the present revision petition are that respondent filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 before the Rent Controller, Amritsar, seeking ejectment of the petitioner from premises i.e. 113 sq. yards forming part of property khana shumari No.1552/11, situated at Tirath Shah Bhatia Road, inside Sultanwind Gat, Amritsar. Upon notice, petitioner filed his written statement. During the pendency of the rent petition, petitioner filed an application for dismissal of the petition, which has been dismissed by the Rent Controller, vide impugned order dated 09.08.2023.

3. Learned counsel for the petitioner contended that impugned order passed by the Rent Controller is perverse and not sustainable in the eyes of law. He further contended that the findings recorded by the Rent Controller are contrary to the record. He further contended that no specific dimensions have been given in the ejectment petition to ascertain the exact area from which respondent is seeking ejectment of the petitioner. He further contended that original owner of the property in dispute had died and till date the said property has not been partitioned and a civil suit is already pending between the co-sharers. He further contended that rent petition has been filed by the respondent without the consent of other co-sharers. He further contended that the impugned order being perverse and against the law is liable to be dismissed.

4. I have heard learned counsel for the petitioner and perused the record.

5. Admittedly, respondent is one of the co-sharers of the property in dispute. Other co-sharers in the property in dispute, namely, Manjit Singh, Mandeep Singh, Ranjit Kaur, Daljit Kaur, Bhupinder Kaur, Balbir Singh and Harjinder Kaur never appeared before the Rent Controller and raised any objection that respondent had not obtained any consent from them prior to filing the rent petition. Perusal of the impugned order shows that two persons, namely, Bawa Singh and Jasbir Kaur have purchased specific properties having specific dimensions and boundaries and they have also obtained possession of their respective properties and they are not co-sharers in the demised property. This Court is of the opinion that petitioner is trying to delay the assessment of provisional rent and to enjoy the possession over the suit property. The present lis comes under the six year old action plan cases.

6. The impugned order passed by the Rent Controller is well-reasoned and it does not suffer from any illegality or infirmity and is not having any element of arbitrariness or perversity. The revisional jurisdiction of this Court is quite limited and considering the facts and circumstances of the case, there is no reason to interfere with the impugned order by way of exercising the revisional jurisdiction.

7. Finding no merit in the revision petition, the same stands dismissed.

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